Jonathan Craig Reed's answer You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets you see the value for the last five years, although when I checked a local house right now to answer your question, Zillow.com wasn't giving me the price history. However, I mention the value at the...
As the value of the house is in excess of $100,000.00, you will need to open a Summary Administration and go through the motions through the Court to have the house transferred to yourself as sole heir.
You mentioned that you own the property as 'community property' - did you mean 'joint tenants'? If you are joint tenants then the property will revert to the surviving joint tenant(s) upon recording of an Affidavit Terminating the Joint Tenancy.
Although you provided no information regarding the other assets, typically if they are less than $25,000 they should be able to be transferred pursuant to a small estate affidavit.
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.
2. Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after...
Jonathan Craig Reed's answer Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net
If the probate is contested (because family members are fighting) you want to hire a Reno lawyer if the estate will be probated in Reno.
In some cases, probate is not necessary. For example, if your father put his assets into a trust, or financial accounts with payable on...
Delwyn E. Webber's answer Typically you can transfer real property, personal property, membership interests, stocks, vehicles, and the like. Assets that cannot be 'owned' by a revocable trust are Qualified Plans [IRA, 401K], Annuities and Life Insurance Policies. [Life Insurance Policies can be owned by an Irrevocable Life Insurance Trust.] There may be restrictions on certain assets, which would depend upon the terms of the governing document [ie an Operating Agreement].
If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.
Delwyn E. Webber's answer Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living trust. If you do, you should have signed an 'Assignment', which assigns all personal property in to your Trust, however the memorandum is still a good idea to insure specific items go to specific children. If you have Wills, and...
Jonathan Craig Reed's answer If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely to be able to keep money that shouldn't have been given to her.
Delwyn E. Webber's answer The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.
Delwyn E. Webber's answer What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating that the declining Trustees nominate "XX" to serve, pursuant to the terms of the Trust. Thereafter, the incoming Trustee could sign an acknowledgement, stating that s/he has read and understand the Trust, that s/he...
Delwyn E. Webber's answer You will need to prepare and execute a Warranty Deed and also a Declaration of Value to accompany it. You will need to present a copy of the Trust or Trust Certificate to the Recorders Office at the time of filing your documents, however the Trust is not recorded. You should then re-file your Homestead Declaration at the same time, but insure the Warranty Deed is recorded first.
Based upon the information you have provided, a Probate will not be necessary. The original Will should be filed with the Clark County Court, and costs $18.00 to do so.
In the event your mother did not have a named beneficiary on her bank account, the heirs can most likely provide an Affidavit of Small Estate to the Bank to recover the funds. The Affidavit must be made at least 40 days following death, states that no Probate estate will be opened,...
Kenneth V Zichi's answer You will need to do two things: 1) remove all assets from the trust and 2) Revoke the trust (if that is possible)
The details of HOW to do this legally and effectively go beyond what can be done in a Q&A format. You should seek local professional legal help to insure you do both steps properly, and to insure that you CAN do what you want to do!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
Jonathan Craig Reed's answer Anyone can challenge a will. The people who have to be given notice of the court proceeding concerning a will are people listed as beneficiaries in the will and those people who would inherit in the absence of a will. In most cases a first cousin is not a person who would inherit in the absence of a will but it is possible that a first cousin could be a person who inherits in the absence of a will is there were no closer relatives.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.